OSHA Cites Ohio Nursing Facilities for Failing to Fully Implement Respiratory Programs to Protect Employees from Coronavirus

OSHA has cited healthcare company OHNH EMP LLC for violating respiratory protection standards following an inspection after the company reported the coronavirus-related hospitalization of seven employees.

On July 21, 2020, OSHA announced that two Ohio nursing facilities would receive citations for failing to protect their employees against coronavirus. The healthcare company OHNH EMP LLC received a violation for failing to provide respiratory protection standards for their employees after seven employees reported coronavirus-related hospitalizations.

OSHA inspected three OHNH EMP facilities in Ohio: Pebble Creek Healthcare Center in Akron, Salem West Healthcare Center and Salem North Healthcare Center in Salem. OSHA cited each location for a serious violation of two respiratory protection standards: failing to develop a comprehensive written respiratory protection program and failing to provide medical evaluations to determine employees’ ability to use a respirator in the workplace.

OSHA also issued a Hazard Alert Letter regarding the company’s practice of allowing N95 respirator use for up to seven days and not conducting initial fit testing. The agency has proposed $40,482.

“It is critically important that employers take action to protect their employees during the pandemic, including by implementing effective respiratory protection programs,” said Principal Deputy Assistant Secretary for Occupational Safety and Health Loren Sweatt. “OSHA has and will continue to vigorously enforce the respiratory protection standard and all standards that apply to the coronavirus. As Secretary Scalia has said, ‘the cop is on the beat.’”

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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